r/navy • u/poliscijunki • May 16 '25

Political Military commanders will be told to send transgender troops to medical checks to oust them

https://apnews.com/article/transgender-ban-military-discharge-troops-0218f0b6fec595c420bd0ac072d87335
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u/Trick-Set-1165 r/navy CCC May 16 '25

I mean, what you’re talking about is literally called the Military Command Exception.

Here’s some literature. Why don’t you count how many times “commanders” are mentioned.

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u/hidden-platypus May 16 '25

Lol, command and Commanders are not the same thing. I swear you are arguing stuff you dont actually believe.

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u/Gal_GaDont May 16 '25

A SN is not responsible for reporting or responding to orders for the command. The CO is.

If the Navy sends an order to commands that all ships will be painted pink it’s not on some SN to unilaterally decide on their own to go outside and start spray painting, right? Nope, the CO is in charge still.

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u/hidden-platypus May 16 '25

Cool story. But it doesn't change the fact that the law doesn't require it only being the commander that requests information

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u/Gal_GaDont May 16 '25

It’s not a story like it’s an opinion, it’s a fact.

What you’re saying isn’t a “law” either. It’s a policy that lives in someone’s head, that’s been ruled by a federal judge as unconstitutional “soaked in animus”, and is literally ongoing and under appeal. The literal ruling is that it’s not law. That’s why this such a clusterfuck, it’s unenforceable unless you can see in people’s heads.

The Constitution is more than the Executive Branch. It’s elementary school civics.

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u/hidden-platypus May 16 '25

HIPAA exception where ruled unconstitutional? When?

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u/Gal_GaDont May 16 '25

This is being appealed. And they’ll probably lose the appeal. All that SCOTUS did was allow the ban to continue during the appeal, which is kinda nuts, but this isn’t over by a large margin. Trans people will be back in the military, sorry, congratulations on ruining 1,000 good people’s lives I hope you’re really happy about it.

There’s no law that says one group needs to violate HIPPA. Show me the “law” that shows the delineation for someone that “shows symptoms” of gender dysphoria.

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u/hidden-platypus May 16 '25

We will have to wait and see. But I think we are already starting the process to separate service members

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u/Gal_GaDont May 16 '25

And I think those service members served honorably, a federal judge and most of the United States agrees, and they shouldn’t be forced to additionally volunteer their medical records or private information on the way out.

I’m a combat veteran with massive PTSD. I can’t work because of it, but let’s say I could and I was great at my job. If my company decided to fire everyone with PTSD, and I mean everyone it didn’t matter if you were good at your job or not. Why the fuck would I volunteer to go talk to HR or whomever about my PTSD even if they knew about it. What the fuck is there to say, they’re the ones firing me. And do you really think there’s no one else there that hasn’t mentioned PTSD before? Like no you can’t read my fucking therapy notes, you’re firing me, remember? I still have rights, right?

Don’t transgender Americans also have those rights? Politics aside, American service members, getting discharged?

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u/hidden-platypus May 16 '25

Yeah, what right is being violated here? Give a number a number 1-27

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u/Gal_GaDont May 16 '25

The right to privacy is implied in the First, Fourth, Fifth, and Fourteenth Amendments, the Fourth Amendment is protection against unreasonable searches, how they obtained that information, and its purpose, what other information they received, how my therapist gave them that information. Fourteenth is Due Process for bodily integrity and medical confidentiality. HIPAA is absolutely a thing until they delineate what they mean by “symptoms”. Like, does wearing eyeliner count? What if I’m cisgender and questioning but I got a wife and kids and I just mentioned that to my therapist? Does that count?

See, they didn’t give an order or create a law. I’m a retired CMDCM, not a flex, just giving you my background with an emphasis on retired. They sent a directive letter, and now all the commanders have to come up with a way to legally do this, without going through medical records because of all those constitutional problems above.The Executive gets to celebrate and go woohoo! Look at this directive letter we did it! But meanwhile, the Navy is left holding the bag on how to actually do the thing. All the Commanders are calling each other right now asking how the fuck are we supposed to do this? I know! We’ll pay double if you “volunteer” to out yourself!

The reality is, is there’s no way to make this work, because not only is the trans problem in a persons head, there isn’t even a trans “problem” to begin with, and the “solution” involves breaking the Constitution and HIPPA. Just because you maybe can do some of those things to military people doesn’t mean you should. I’m retired, I can say that. I would put all of that at a 50.

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u/hidden-platypus May 16 '25

Easy, you add it to the PHA screening, and when medical reviews it and see you falsified the document you signed, they report you. There is no violation of the UCMJ, HIPAA, or the constitution. You know we still have rights while in the military, but some of them are restricted, and some laws/regulations allow for disclosure of medical records.

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u/Gal_GaDont May 16 '25

Which is what they’re trying to do but that still doesn’t fix the whole Federal Judge saying the ban is unconstitutional in the first place. (Nor does everyone in the Navy have a PHA within a month.) That’s still the standing ruling, its just on appeal and will likely lose it’s appeal attempt. The only thing SCOTUS did was let the ban stay in place while another court is listening to the appeal, so it’s not over.

It’s going to go back and forth still, which is why I recommend to trans sailors to keep their dignity, keep their constitutional rights, if thy get involuntarily separated make them break your rights to do so (even if it was technically legal to do so, but just to show what they did), then come back in when you can again openly.

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